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Firm News...
Friday, July 18 , 2008
AM Best Insurance Law Podcast
Attorneys Bill Gast and Mike McClellan from the Gast and McClellan law
firm in Omaha, Nebraska discuss a recent Nebraska Supreme Court ruling
against the state of Florida in a decade-long multi-million dollar
dispute.
Play Now
Friday, June 7, 2008
Nebraska Supreme Court rules against Florida
By
JOSH FUNK
Associated Press Writer
OMAHA, Neb. --A multimillion-dollar insurance dispute that's a decade old
received new life on its third trip to the Nebraska Supreme Court because
the court ordered a new trial Friday. Consequently, the state of
Florida won't be able to collect the nearly $4.7 million a Douglas County
judge ordered Omaha-based Countrywide Insurance Agency to pay. The Supreme
Court ruled that a jury, not Judge Peter Bataillon, should have decided
the case.
(Read
More in MiamiHerald.com)
Related Article
High court backs ex-insurance agent
by Steve Jordan,
Omaha World Herald
Friday, March 25, 2005
Cooperation Between Insurance Company & Omaha Arson Investigators Lead to Arrest
Thursday, December 23, 2004
The 'Store Wars' Continue Over the Papillion
Super Wal-Mart
Thursday, September 23, 2004
Neighbors Suing to Block Wal-Mart Win Trial
Delay
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Neighbors who sued the City of
Papillion to stop a Wal-Mart shopping center won a nearly
two-month delay Wednesday in the trial of their lawsuit.
The delay raises doubts
about whether the developer would have time to grade the 74-acre site
at 72nd Street and Giles Road before winter.
( Click here to read more in Media Clips ) |
Tuesday, June 1, 2004
Hormone Replacement Drugs Linked to Health
Risks
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Hormone Replacement Therapy or HRT drugs (Premarin®, Prempro™,
Premphase® or certain combinations of Premarin® and other hormone
drugs) have been linked to increased rates of strokes, blood clots,
breast and ovarian cancer, heart attacks, cardiovascular disease, and
death.
If you have used
HRT medication and have been diagnosed with such illnesses you may
need legal representation. Due to possible statute of limitations, any
potential claim should be filed no later than July 8, 2004.
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LEGAL RESOURCES:
Friday, May 7, 2004
Daubert Ruling Bars Fibromyalgia Expert
from Testifying
Attorneys Gast & McClellan Speak to
Nebraska Defense Counsel Regarding Groundbreaking Ruling
Bill Gast and Mike McClellan were invited to speak about a recent ruling
in Lincoln, Nebraska, in which Judge Earl Witthoff granted their client's
motion to exclude medical testimony linking an auto accident with
"fibromyalgia syndrome." Based upon an analysis under the U.S.
Supreme Court's Daubert v. Dow Merrill decision, Judge Witthoff
found that, since medical science had not yet found a causal connection
between physical trauma and fibromyalgia, a doctor should not be permitted
to give such testimony in court.
LEGAL RESOURCES:
Friday, February 20, 2004
Gast Firm Wins Summary Judgment Motion
Ruling finds in favor
of insurer on intentional acts exclusion for unintended property damage
resulting from an intentional act
In a night of partying, three college students started a small fire in a
couch cushion, quickly stomped out the flames, and later placed the
cushion in a dormitory. Sometime later, the cushion fire reignited,
causing severe damage to the building. In the ensuing action for
declaratory judgment, Saline County District Judge Paul Korslund rejected
one student's argument that the fire damage was an "accident" because it
was unintended. Rather, Judge Korslund found, an "effect which is the
'natural and probable consequence' of an act . . . is not an accident."
( Click here to read
the Court's ruling on Berg vs. Allstate Ins. Co.
)
January, 2004
The Prairie Barrister
Practice Pointers
By Vincent M. Powers
Thanks to Omaha trial lawyer Bill Gast for forwarding this practice
pointer by calling to my attention that the Eighth Circuit ruled in
Nichols v. American National Insurance Co., 154 F3d 875 (1997) that a
verdict for a defendant in an employment discrimination case must be
reversed because the trial court erroneously allowed the testimony of a
psychiatrist who had conducted an adverse medical examination as to issues
concerning her “veracity and credibility”.
( Click here to read more in Media Clips )
Copyright © 2005
Gast & McClellan Law Offices, and Licencees
All Rights Reserved.
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